BARNSTABLE – A vote on a new fire station in Hyannis scheduled for tonight can move forward after a request in Barnstable Superior Court to reconsider stopping it was denied on Tuesday.

In the order denying the motion to reconsider, Judge Christopher Muse found that, beyond procedural problems with the request, the appropriation vote by the Hyannis Fire District is not prohibited by a state law restricting the amount of taxes that can be raised by towns.

“Lastly, and perhaps most importantly, there are many District voters who wish to vote to approve the appropriation who would effectively be disenfranchised by the misapplication of the law,” Muse wrote. “Furthermore, this decision may be mooted by the scheduled vote. And, if the appropriation is approved, plaintiff(s) have recourse with our appellate courts.”

The vote is on whether the district, which is one of five in the town of Barnstable, should spend $19.8 million on a new station. An additional $3.4 million for land and other related costs has already been approved by district voters.

The residential tax impact of the new station in the first year on a home valued at $311,000, the median price in the district, would be $42.72. The next year it would rise to $152.78 and drop from there. The total cost over 30 years would be $3,309.73.

Opponents of the proposed new station argue it is too expensive and that the vote has been scheduled to limit turnout. Plaintiffs in the lawsuit to stop the vote claim that the town’s fire districts should be required to hold an election to approve spending the money on the new station as is required for towns and other entities under the state’s Proposition 2½ law.

Proponents of the new station say it is necessary to replace the nearly 50-year-old existing station and any delay in the vote will only add to the cost. Muse and the state Department of Revenue say the fire districts are not covered by Proposition 2½.

Tonight’s meeting will be held at the Performing Arts Center at Barnstable High School starting at 7 p.m. A two-thirds majority is required for the vote to pass.